Blue Chip Communications Ltd V. Intercellular Nigeria Plc & Anr. (2007)

LawGlobal-Hub Lead Judgment Report

MARY U, PETER-ODILI, J.C.A.

This is an appeal by the Appellant against the ruling delivered by Honourable Justice B.F.M. NYAKO of the Federal High Court 3, Abuja on 11th June 2004 striking out the Appellants suit on the ground that the Appellant who was plaintiff in the court below failed to obtain the consent in writing of the Nigeria Communications Commission before commencing the action against the Respondents.

In the court below the plaintiff/Appellant had the follow claims;-

(1) A declaration that the Defendants violated the provisions of Section 91 of the Nigerian Communications Act, 2003

(2) A declaration that the Defendants were in breach of their fixed wireless licence as granted by the Nigerian Communications Commission

(3) The Defendants be adjudged to pay damages in an amount to be determined at trial together with additional damages that may occur by reason of any continuing conspiracy in the future.

(4) The Defendants and the agents and officers of each of them and all persons combining with or acting in concert with them or under their direction be perpetually and during the pendency of this action, restrained and enjoined from conspiring and combining to interfere with the Plaintiff’s ability to subscribe to the Defendants fixed wireless telecommunications services using a compatible CPE supplied by independent third party telecommunications equipment supplies.

(5) The Defendants be restrained and enjoined perpetually and during the pendency of this action, from in any way urging, advising, including, coercing or by any act, device or method persuading any manufacturer or distributor of fixed wireless CPE not to deal with or contract with Plaintiff or to cease dealing or contracting with Plaintiff.

(6) The Defendants be restrained and enjoined from acting in any way, shape or manner in restraint of trade, and that the combination, confederation, conspiracy, contract, agreement and arrangement between the Defendants to prevent the Plaintiff’s ability to subscribe to the Defendant’s fixed wireless telecommunications service using a compatible CPE supplied by independent third – party telecommunications equipment suppliers be declared void as against policy.

(7) The Defendants be restrained and enjoined from acting in anyway, shape or manner to fix unlawfully the retail prices of CPE’s or any other telecommunications equipment.

(8) The Defendants be restrained and enjoined from creating and continuing their respective fixed wireless monopolies.

(9) An Order of this Honourable Court for payment of a substantial sum as punitive damages against the Defendants.

(10) An Order of this Honourable Court compelling the Defendants to divest themselves of the retail business of fixed wireless telephone thermals by spinning -off such operations into legally separate business entity with separate management and organizational structure.

(11) The Plaintiff prays for such further relief as to this court may seem just, together with the costs and disbursement of this action, including reasonable counsel’s fees.